Month-to-Month Tenant Entitled to 30-Day Notice for Price Hike

Question: My landlord returned this month’s rent payment with a note that said my rent was automatically increased when my lease expired two months ago. Since I have already paid the rent twice as a month-to-month tenant, I think I am entitled to a 30-day notice for the new rent. Am I correct?

Answer: Yes. Since your tenancy changed from a lease to a month-to-month tenancy and your landlord accepted your rent payment as a month-to-month tenant, a written Notice of Change of Terms of Tenancy detailing the new rent is required. This notice, effective in 30 days, is used to make changes to the old lease.

If the owner had wanted the new rent to be effective immediately when the lease expired, he or she could have notified you 30 days before the lease ended.

You should discuss the new rental amount with the property owner. If you need further assistance with this problem, consider contacting your local landlord-tenant mediation group.

Tenants May Be Liable for Unreported Leak

Q: My tenants of five years recently moved. During the time they rented from me, they never complained about any problems and took care of small repairs themselves.

After they moved, I discovered that the kitchen floor was badly damaged from a small leak under the sink that obviously had been going on for a long time. The damage to the floor was very noticeable, and if I had been notified when the leak first happened, the damage would not have been nearly as extensive as it is now.

I know they did not cause the leak, but are they still responsible for the resulting damage because they did not inform me of the problem?

A: Perhaps. Tenants are not responsible for normal wear and tear to a rental unit, but they can be held responsible for damage they cause, either directly or by neglect. Their failure to notify you of the leak or the floor damage could be seen as negligence. If you can prove they knew about the problem, you can hold them liable for the damage and deduct the repair cost from their security deposit.

To avoid future problems, you may want to notify your tenants of their duty to inform you of any needed repairs, and provide them with a form for requesting repairs.

Sometimes tenants are reluctant to discuss repairs directly with their landlord, so it helps to have an established reporting procedure. Also, this request form will convey to your tenants your willingness to do repairs and fix problems, and that they will not be held responsible for damage they do not cause.

Applications Prohibited if There’s No Vacancy

Q: I’m a new apartment manager and have a question about accepting applications. Since rental housing is in short supply in my area, prospective tenants want to apply for units even though I have no vacancies. I am not comfortable doing this. What do you think?

A: Unless all parties agree in writing, California Civil Code 1950.6 prohibits the acceptance of application fees by a landlord or his or her agent when it is known that no rental unit is available at that time or will be available within a reasonable period of time.

Application fees generally refer to the “credit check” fee paid at the time an application is submitted. The maximum amount allowed for a credit check is $30 per prospective tenant. This code also requires that if a credit check fee is paid and not performed, the landlord or his or her agent must return the fee to the prospective applicant.

Additionally, if the credit check is performed, the applicant can request, and the landlord must provide, a copy of the credit report. This copy can either be given directly to the applicant or mailed.

Tell Tenants to Leave You Out of Squabbling

Q: Two of my tenants share the same rental agreement as roommates. I like both of them, and because I live nearby, we have developed a personal friendship. My problem is since we all are friends, they try to involve me in their disagreements and arguments such as the length of time one takes to shower or who the other has over as company. I would like to remain friends with them but do not want to be included in their personal disputes. Any suggestions on what I can do?

A: As you have discovered, mixing business with pleasure can create an uncomfortable situation. If you truly want to remove yourself from their disagreements, you will have to address the matter directly with them. You can explain that you want to remain friendly on a purely social level but that they need to work out their household issues on their own.

You may want to suggest that they contact a local mediation program for help in resolving their personal disputes. The mediation staff may assist them in understanding each other’s concerns and help them find ways to resolve their differences without involving you.

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This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, Calif. 94087, but cannot be answered individually.

For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Fair Housing Council, Fair Housing Institute or Fair Housing Foundation office in your area:

Bellflower: (562) 901-0808.

Carson: (888) 777-4087.

El Monte: (626) 579-6868.

Hawthorne: (310) 474-1667.

Lancaster: (888) 777-4087

Long Beach: (562) 901-0808

Pasadena: (626) 791-0211.

Redondo Beach: (888) 777-4087

San Fernando Valley: (818) 373-1185.

South-Central Los Angeles: (213) 295-3302.

Westside Los Angeles: (310) 474-1667.

Orange County: (714) 569-0828.

San Bernardino County: (909) 884-8056.

San Diego County: (619) 699-5888.

Ventura County: (805) 385-7288